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• <br />9. Representations. Guarantor hereby represents and warrants to Landlord that: (a) this Guaranty is the legal, <br />valid, and binding obligation of Guarantor, enforceable against Guarantor in accordance with its terms and <br />conditions; (b) there is no action or proceeding at law or in equity, or by or before any court or <br />governmental instrumentality or agency, now pending against or, to the knowledge of Guarantor, <br />threatened against, Guarantor that may materially and adversely affect the financial condition of Guarantor; <br />(c) all balance sheets, earnings statements, and other financial data that have been or hereafter may be <br />furnished to Landlord in connection with this Guaranty do and shall represent fairly the financial condition <br />of Guarantor as of the dates on which, and for the periods for which, such balance sheets, earning <br />statements, and other data are furnished; (d) all other information, reports, and other papers and data <br />furnished to Landlord shall be: (i) accurate and correct in all respects at the time given; and (ii) complete, <br />such that Landlord is given a true and accurate reporting of the subject matter; and (e) Guarantor is <br />solvent. <br />10. Statements. Guarantor shall provide to Landlord, within ten (10) days after receipt of a written request <br />from Landlord, financial statements that include such information and certifications with respect to the <br />assets, liabilities, obligations, and income of Guarantor as Landlord reasonably may request from time to <br />time. <br />I l . Miscellaneous. The rights of Landlord are cumulative and shall not be exhausted: (a) by its exercise of any <br />of its rights and remedies against Guarantor under this Guaranty or otherwise; or (b) by any number of <br />successive actions; until and unless each and all of the obligations of Guarantor under this Guaranty have <br />been paid, performed, satisfied, and discharged in full. This Guaranty shall be deemed to have been made <br />under, and shall be governed by, the laws of the State of Indiana in all respects and shall not be modified or <br />amended, except by a writing signed by Landlord and Guarantor. This Guaranty shall bind Guarantor and <br />its successors, assigns, and legal representatives; and inure to the benefit of all transferees, credit <br />participants, endorsees, successors, and assigns of Landlord. If the status of Tenant changes, then this <br />Guaranty shall continue, and cover the Obligations of Tenant in its new status, all according to the terms <br />and conditions hereof. Landlord is relying, and is entitled to rely, upon each and every one of the terms and <br />conditions of this Guaranty. Accordingly, if any term or condition of this Guaranty is held to be invalid or <br />ineffective, then all other terms and conditions shall continue in fall force and effect. All capitalized terms <br />used but not defined herein shall have the meanings ascribed to such terms in the Lease. <br />IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the _ day of , 200 <br />Signature: <br />Printed Name: <br />-3- <br />F.- IDATAISHARE legallWpdatal.SEPiEconomic DevelopmenARillie'slState C*kState Cafe Lease (version S).doe <br />